Thursday, March 3, 2011

Blonde Chunks Under Red Hair

When the state of anger can be Because of non-punishment: a sentence of the Court of Cassation

As the site informs www.studiocataldi.it , a ruling by the Supreme Court, No 23 February 7073 2011, "recognized as a state of anger, which leads the worker to the drafting of written communications containing defamatory statements against the company, can not cause offense to the worker. The protagonist is a case worker fired after a sexual harassment complaint for slander, with the promise of an alternative job which the company did not take [...] faith, the latter fact that caused a worker in a state of uncontrollable 'anger that flowed in the preparation of leaflets offensive against the company. Justices of the Peace ordered the employee for aggravated defamation, appealed to the Supreme Court against that decision to the employee, considering the sentence unjust and wrong for not taking into account the physical and psychological condition in which paid. The Supreme Court, noting that the GDP incongruously argued that the defendant should have acted in a civil, forgetting that the psychological state of anger is a condition that blurs the rational approach to problems, accept the appeal and annulled the sentence with reference. Stoats state that the conduct of the worker was expressive of an outburst of hatred and malice towards those who, in the mind of the accused, had done him wrong and show that the GDP "should have considered: a) if the conduct persons defamed integrates an unjust and therefore the details of the provocation, b) if the conduct of the applicant could be seen as a reaction to this unjust act, c) if it resorted to the requirement of immediacy, given that (...) it is not necessary that the reaction is carried out at the same time when it is received the offense, it is sufficient if it takes place until the hard state of anger aroused by the provocative fact, nothing in noting that the time has elapsed, if the delay in reaction time is only depended on the nature and specific requirements of the instruments used for twisting the offense "." (Judgement reported by Lorenzo Lorusso).

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